§ Mr. MajorI beg to move amendment No. 85, in page 53, line 5, at end insert—
'(4) Subsections (1)(g), (k), (n), (r) and (s) above shall have effect as if statutory sick pay and statutory maternity pay were benefits to which this section applies.'
§ Mr. MajorThis is essentially a tidying-up amendment to include statutory sick pay and statutory maternity pay within the general powers for making regulations applying to other benefits in the clause, rather than relying on the separate powers currently contained in section 8 of the Social Security and Housing Benefits Act 1982 for statutory sick pay. No change in policy in payment of statutory sick pay is intended. I offer that unqualified assurance. As explained in Committee, the arrangements for the payment of statutory maternity pay will be fully spelt out in regulations. They are generally accepted to follow those for statutory sick pay.
The amendment refers only to the specific sections listed, which relate to payment aspects. The other provisions, which deal largely with claiming benefits, are inappropriate for statutory sick pay and statutory maternity pay as, unlike social security benefits, an employee does not need to make a formal claim to be entitled. If he or she satisfies the conditions, the employer is liable to pay.
238 Before leaving the amendment, I shall refer to one other matter that we discussed in Committee. The hon. Member for Derby, South (Mrs. Beckett) will recall that my hon. Friend the Minister for Social Security undertook to look again at when an employer fails to pay statutory maternity pay or statutory sick pay even though the DHSS adjudication officer has ruled that he is liable to pay it. As the hon. Lady knows, in the present statutory sick pay scheme, the last resort is for the employee to take action in the civil courts to obtain payment of statutory sick pay. That happens very rarely—we know of only four cases. Nevertheless, I accept that it is not a wholly satisfactory state of affairs.
I am pleased to tell the hon. Lady that, having given further consideration to the situation, we have decided to use the powers conveyed by the amendment to provide in regulations that the Secretary of State will, in certain circumstances, take over the payment of statutory sick pay or statutory maternity pay. The employee will therefore no longer be faced with the prospect of having to take the employer to court if he fails to comply with the adjudication officer's or a social security appeal tribunal's decision. In those circumstances, the employer will be liable to prosecution by the Department for failure to pay. I hope that the intention of the amendment will be generally welcomed by the House.
Amendment No. 86 and the consequential amendments seek to bring statutory maternity pay within the new unified adjudication provisions. The amendments match those made for statutory sick pay in Committee. It was not possible to cover statutory maternity pay at that time as the Committee had yet to debate the new clauses on statutory maternity pay.
The amendments are riot controversial, and follow precisely what has already been agreed for statutory sick pay. The right of both the employee and employer to use and be notified of decisions taken in connection with statutory maternity pay is preserved, and similar rights of appeal to a commissioner are given both to trade unions and employers' organisations.
The final amendment, No. 89, specifies questions that are for determination by the Secretary of State.
§ Amendment agreed to.